Res 84-94 RESOLUTION NO. 84-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SFIALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
W}{EREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel(s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the 18th day of 0ctober~ 1994 has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
- 2 - Res. No. 84-94
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight (8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the 18th day
of October , 1994.
ATTEST:
-- City Cler~
- 3 - Res. No. 84-94
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
E 125 FT OF LOT 11, BLK. 5 ERNEST S. & CLAIRE R. COX $ 42.50
PLAT BOOK 26, PAGE 187, 3431 SAGEWOOD CIRCLE 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM SALEM, VA 24153 2.83 (RECORDING)
BEACH COUNTY, FL $115.33
(3615 SHERWOOD BLVD.)
LOT 11, BLK. 38, RESUB OF BEULA~ h-JNTER $ 45.00
S 1/2 OF BLK. 38 & N 1/2 c/o NATHANIEL EVANS 70.00 (ADM. COST)
OF BLK. 39, DELRAY BEACH, 248 NW 14TH AVENUE 2.83 (RECORDING)
PLAT BOOK 11, PAGE 34, DELRAY BEACH, FL $117.83
PUBLIC RECORDS OF PALM 33444-1659
BEACH COUNTY, FL
(SW 4TH AVENUE-VACANT LOT)
W 1/2 OF LOT 7, BLOCK 30, ALBERT MARTIN & $ 30.00
TOWN OF DELRAY, PLAT BOOK MARYLIN S. BARON 70.00 (ADM. COST)
1, PAGE 3, PUBLIC RECORDS P. O. BOX 414002 2.83 (RECORDING)
OF PALM BEACH COUNTY, FL MIAMI, FL 33141-3444 $102.83
(SW 5TH AVENUE-VACANT LOT)
N 50 FT. OF S 356.4 FT. OF ADELENE JENKINS $ 45.00
E 135 FT. OF BLOCK 24,TOWN 336 SW 5TH AVENUE 70.00 (ADM. COST)
OF DELRAY, PLAT BOOK 1, DELRAY BEACH, FL 33444 2.83 (RECORDING)
PAGE 3, PUBLIC RECORDS OF $117.83
PALM BEACH COUNTY, FL
(322 SW 5TH AVENUE-VACANT LOT)
LOT 8 (LESS N 20 FT) BLK NETWORK FINANCIAL CORP. $ 35.00
3, LAKE IDA SHORES, PLAT 9100 GRIFFIN ROAD 70.00 (ADM. COST)
BOOK 25, PAGE 54, PUBLIC COOPER CITY, FL 2.83 (RECORDING)
RECORDS PALM BEACH 33328-3540 $107.83
COUNTY, FL
(532 NW 8TH AVENUE - VACANT LOT)
LOT 7, BLK. 2, GOLF PARK, SIEGRIED ZANDER $ 42.50
PLAT BOOK 26, PAGE 141, KASTANIEN ST. 22 70.00 (ADM. COST)
PUBLIC RECORDS OF PALM 6380 BAD-HOMBURG, 2.83 (RECORDING)
BEACH COUNTY, FL FED. REPUBLIC $115.33
(SW 20TH COURT) GERMANY, 00002
LOTS 7 & 8, BLK. 35, TOWN WILLIE M. RICF~ARDSON $ 45.00
OF DELRAY, PLAT BOOK 5, c/o DOROTHY REEDER 70.00 (ADM. COST)
PAGE 38, PUBLI~ RECORDS 7 PATTON STREET 2.83 (RECORDING)
OF PALM BEACH COUNTY, FL ISELIN, NY 08830 $117.83
(34 NW 3RD AVENUE)
- 4 - RES. NO. 84-94
S 50 FT OF N 250 FT OF GERALD C. MEITZ $ 45.00
135 FT OF BLOCK 33, TOWN RR 1 BOX 160 70.00 (ADM. COST)
OF DELRAY, PLAT BOOK 1, ZOLFO SPRINGS, FL 2.83 (RECORDING)
PAGE 3, PUBLIC RECORDS OF 33890-9728 $117.83
PALM BEACH COUNTY, FL
(335 NW 4TH AVENUE)
E 50 FT OF W 583 FT OF JACQUEL DAWSON $ 52.50
S 140 FT OF N 165 FT OF c/o ANNAS RETREAT 70.00 (ADM. COST)
N 1/2 OF NW 1/4 OF SW 1/4 ESTATE TUTU, #E7 2.83 (RECORDING)
OF NW 1/4, 17-46-43, PLAT ST. THOMAS, US, $125.33
BOOK 1, PAGE 3, PUBLIC VI 00802
RECORDS OF PALM BEACH
COUNTY, FL
(1404 NW 2ND STREET)
LOTS 1 & 2, BLOCK 2, L. D. TERRY $ 52.25
SILVER TERRACE, DELRAY, 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST)
PLAT BOOK 11, PAGE 61, OKEECHOBEE, FL 34974-8639 2.83 (RECORDING)
PUBLIC RECORDS OF PALM $125.08
BEACH COUNTY, FL
(1145 SOUTH DIXIE HWY. )
S 50 FT OF N 300 FT OF T. & OLETHA JONES $ 45.00
W 135 FT. OF BLK. 33, P. O. BOX 1571 70.00 (ADM. COST)
TOWN OF DELRAY, PLAT DELRAY BEACH, FL 33447-1571 2.83 (RECORDING)
BOOK 1, PAGE 3, PUBLIC $117.83
RECORDS OF PALM BEACH
COUNTY, FL
(NW 4TH AVENUE)
LOT 6, BLOCK 4, ATLANTIC J. JR. & MARY M. SMITH $ 35.00
PARK GARDENS, DELRAY, 3616 AVENUE DEGIEN 70.00 (ADM. COST
PLAT BOOK 14, PAGE 56, DELRAY BEACH, FL 33345-2239 2.83 (RECORDING
PUBLIC RECORDS OF PALM $107.83
BEACH COUNTY, FL
(221 SW 13TH AVENUE)
LOT 18, ' BLOCK 23, TOWN MATILDA JOHNSON $ 45.00
OF DELRAY, PLAT BOOK 10, 225 SW 6TH AVENUE 70.00 (ADM. COST
PAGE 69, PUBLIC RECORDS DELRAY BEACH, FL 33444-2537 2.83 (RECORDING
OF PALM BEACH COUNTY, FL $117.83
(225 SW 6TH AVENUE)
S 240.77 FT OF N 596.54 ALEXIS S. WALLIS $190.00
FT OF W 181 FT OF E 402 3558 LONE PINE ROAD 70.00 (ADM. COST
FT OF NW 1/4, .7-46-43, DELRAY BEACH, FL 33445-7654 2.83 (RECORDING
PUBLIC RECORDS OF PALM $262.83
BEACH COUNTY, FL
(3558 LONE PINE ROAD)
- 5 - RES. NO. 84-94
LOT 3, BLK 2, SILVER L. D. TERRY $ 52.25
TERRACE, DELRAY, PLAT 3111 SW RUCKS DAIRY RD. 70.00 (ADM. COST
BOOK 11, PAGE 61, PUBLIC OKEECHOBEE, FL 34974-8639 2.83 (RECORDING
RECORDS OF PALM BEACH $125.08
COUNTY, FL
(1107 S. DIXIE hq~TY.)
LOT 15, BLOCK 10, DELRAY ANTHONY BLAISE $ 40.00
SHORES, PLAT BOOK 24, 2520 ANGLER DRIVE 70.00 (ADM. COST
PAGE 233, PUBLIC RECORDS DELRAY BEACH, FL 33445 2.83 (RECORDING
OF PALM BEACH COUNTY, FL $112.83
(2520 ANGLER DRIVE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
- 6 - RES.NO. 84-94